Good news for EB1A petitioner

wangx

Registered Users (C)
My case has been approved from VSC based on EB1A:

RD: June 20, 2002
AD: July 18, 2003
No REF.

Thank you all for your help and good luck.:)
 
here is bad news

I filed in E1-1 (EA) category and after 14.5 month got RFE.
I am on O-1 visa second time, collected ~ 10 recc. letters,etc.

However, RFE says, bummer man!!
You don't have enough "medals", and rec letters, etc.

RD: May 17, 2002 eac 02-192-51xxx
RFE: July 31, 2003

my lawyer received RFE letter today (aug 4, 2003) and faxed it to me.

Can anybody suggest anything ?
 
Could you please write your RFE detail.
Are they wiling to approve if you change your status to EB-2 or EB-3.
 
RFE details-reply to Jayaram

Very mundane,

The same like in AlexK case

"... a beneficiary must be shown to be an individual who is one of that small percentage who have risen to the very top of the field endeavor...

and must be shown to have received national or international acclaim..

they have 3 paragraph after this

1) Submit the the evidence that you reached the above

2) Submit the evidence that you received internationally recognized award. Include statement from institution that Granted the award...nmuber of eligible to compete.

i.e. i received the Nobel Prize in category....

3) Please submit evidence that you recognized by major companies and individuals in your profession as top on your field.
They should be persons not personally involved with you.


(I actually had couple of blind rec letters from senior-level Professors- apparently not enough)
 
change status ?!

Originally posted by Jayaram
Could you please write your RFE detail.
Are they wiling to approve if you change your status to EB-2 or EB-3.

Is it possible to change case while you in process?

What form should be filed ?
Will they restart clock ?

I submitted I-140 through lawyer.
The i submitted I-485/EAP/AD myself, and already got EAD,
although I never use it (I work at the same place)
 
gppd question

I would love to know that as well. Does anyone know if you can change category if you received RFE. BEcause although you may not be qualified for EB1, you maybe overqualified for EB2:)
 
Dear Bougart:
Yes you can change to EB-2,or NIW. Sometimes, INS Officers, they write on which category you will fit if you are not fit for EB-1. I heard from my friend, that,his case denied on EB-1 basis, but Ins officers wrote to submit on EB-2 category.
One thing if RFE they write like that, you case is ok, but if you restart it will start from scratch. Don't worry, submiit your RFE as soon as possible, you might have 12 weeks, I mean October 1st( before that you have to submit).
if you are from INDIA, qualified CSIR, GATE, That si VERY VERY IMP. if you are doing postdoc, tell your boss he hired you by selecting among all candidates world wide.
but it looks very tough. Believe in your luck. You will get through.
GOOD luck Bougart.
 
Jayaram, thanks for your info. LEt me clarify something, so if they do let you submit to NIW, it will be !new case! and another year or so of waiting?
Is that correct>
 
It looks like we are getting rfe. I am not sure what it is going to say but waiting patiently. Online status updated.
Update:
Here is an excerpt from the RFE:
"If you are willing to change your request to second-preference " advanced-degree professional" classification with a national-interest waiver, we are willing to approve the petition for that classification, with no additional evidence of any kind. Such a change would produce no disadvantage to the beneficiary in his pursuit of permanent resident status. Please let us knowwhether you are willing to change your request to second-preference advance degree professional."
I guess, it is not always starting from scratch as Jayaram says but it surely depends on a case. In our case laywer has said congratulations are in order, just minor housekeeping needed and said we do not require a new petition, just the acceptance of the offer:) Also, according to her, it will not affect our I-485 process. Hope it helps!
 
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Approved after RFE- EB1-EA

Want to update everybody who is still waiting or RFE-ed
with good news

I was approved after RFE


I-140 (EB1 EA)
RD May 16, 2002
ND May 17, 2002
RFE: Aug 31, 2002
RFE sent : Oct 25, 2003
RFE RD : Oct 31, 2003
AD: Nov 16, 2003


I-485 (Concurrent filing + EAD+AP)

RD April 5, 2003
ND April 6, 2003
AD= ? (2007 ?)

Received EAD, AP in June


Good luck to everybody in this crazy process
 
To Jayaram

Does qualifiying GATE carry weightage for GC process? Mine is a PhD from Canada and two masters (one from IISc, admitted based on GATE score, and other Canada). I opted to go with EB2 instead of EB1 since I changed my career from Civil Engineering to IT. However I had sufficient experience in cross-discipline applied (software development for real time data acquisition systems) for automated laboratory testing.

Following this thread I feel I should get all my papers ready if any RFE is issued for my EB2 GC process.

thanks
raju
 
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